|
|
XXIII. That the plaintiff and defendant, by their
agreement in writing, referred the matters therein
mentioned to arbritrators; and the arbitrators have
made their award in writing, that the defendant pay
the plaintiff the sum of $ ——— , which the defen-
dant has failed to do.
[Where the award is not for the mere payment of
money as above, but for the performance of some
act by the defendant, that act must be stated in place
of the italic line; and where the plaintiff also is to
perform some act, either precedent or concurrent, a
general averment "that he has performed (or is ready
to perform) all on his part," after the statement of
non-performance by the defendant, as above, shall
be sufficient.]
XXIV. That one W. T. owed the plaintiff the
sum of $ —— , and the plaintiff was about to sue him
to recover the same. And in consideration that the
plaintiff would forbear to sue the said W. T., the de-
fendant agreed to pay the same to the plaintiff, and
the plaintiff did forbear to sue the said W. T.; and
the defendant has not paid said sum of $ ———— .
XXV. That the plaintiff purchased of the defen-
dant a thousand bushels of wheat for the sum of fif-
teen hundred dollars, to be paid for on delivery there-
of; and the defendant promised to deliver the same
on the ——— day of ——— at the defendant's ware-
house in the city of Baltimore; and on said day, the
plaintiff demanded said wheat at said warehouse, and
tendered to the defendant said sum of fifteen hun-
dred dollars in payment for the same; and the de-
fendant refused to deliver the said wheat to the
plaintiff.
FOR WRONGS INDEPENDENT OF CON-
TRACT.
XXVI. That the defendant broke and entered
certain land of the plaintiff, called "The Orchard,"
in ———— county, and depastured the same with
cattle.
XXVII. That the defendant assaulted and beat
the plaintiff, gave him into the custody of a consta-
ble and caused him to be imprisoned in the jail of
———— county, (or city.)
XXVIII. That the defendant debauched and car-
nally knew the plaintiff's wife.
|
Forms.
|
|
